A Trademark registration application is kept open for a period of 120 days for the public to file objections against the Trademark. A trademark objection may be filed if the Trademark is identical or similar to an existing Trademark, contains some offensive or abusive words or causes confusion in the minds of consumers.
In case, a Trademark objection is received, a reply must be filed to the objection within 1 months of receiving it. The Trademark objection reply is drafted by a Trademark lawyer and filed with the Trademark Registrar. If no reply to Trademark objection is filed, the Registrar has the option to abandon the Trademark application altogether.
Upon receiving the examination report of Trademark, a reply is drafted and filed with the Trademark Registrar within 1 months. An affidavit and the proof that the Trademark is used by the owner needs to be filed along with the reply. After scrutinisation of Trademark objection reply, the Registrar has the option to approve the Trademark or reject the application.
The documents needed to file a reply to Trademark objection includes the following:
- Trademark Application Number
- Proof of use of Trademark
- Examination Report of Trademark